Commercial Collections
An invoice they ignored. A lawyer they won't.
An unpaid invoice is a business problem until it becomes a legal one, and the difference between collecting and writing it off is usually how fast and how credibly you press. Hank has collected commercial debts for businesses for 29 years, and Hank starts by telling you what a debtor can pay, because a judgment against an empty pocket is an expensive trophy.
Most collections open with a demand that carries a consequence behind it, because a debtor who has ignored three statements pays attention to a lawyer who is ready to sue. When the demand goes unanswered, Hank files suit on the contract or as a sworn account, a Texas procedure that lets a creditor recover on an itemized, unpaid business account and shifts the burden to the debtor to deny it under oath. In the right case he pursues prejudgment remedies, garnishment or attachment, to secure the money before a debtor puts it out of reach.
Collection is a numbers decision as much as a legal one. Hank weighs the size of the debt against the cost of suit and the odds of recovery, and settles for a structured payment or a discounted lump sum when that beats years of chasing a judgment. When settlement isn't possible, he takes the case to judgment and stands ready to enforce it, because the judgment is the beginning of collection, not the end.
Hank has recovered on unpaid contracts, promissory notes, open accounts, and construction balances for businesses across industries, and has defended companies a creditor pursued too aggressively. Every engagement works toward the same result, the largest recovery the debtor can pay, in the shortest time the law allows.
Services Include
- Demand strategy
- Payment disputes
- Promissory notes
- Contract claims
- Collections litigation
- Settlement agreements
- Judgment enforcement
- Post-judgment collections
Commercial Collections Insights
The Collection Demand Letter: How to Structure a Demand That Produces Payment, Not Silence
A business that's owed money has usually sent invoices, followed up by email, made phone calls, and waited. By the time the conversation turns to a collection demand letter, the informal efforts have failed. A demand letter from an attorney transforms the dynamic because it communicates two things the prior communications didn't: someone with legal authority is now involved, and a specific consequence follows if payment isn't made.
Read articleSworn Accounts in Texas: The Fast-Track Collection Procedure for Unpaid Business Debts
Most business creditors pursue unpaid invoices through a standard breach of contract lawsuit, which requires proving the existence of the contract, performance by the plaintiff, breach by the defendant, and damages. Each element must be proven at trial with admissible evidence, and the defendant can contest every element with a general denial.
Read articlePrejudgment Remedies: Securing the Debtor's Assets Before You Have a Judgment
A judgment you can't collect is just a piece of paper. If the debtor spends the money, transfers the assets, or removes property from the state between the date you file suit and the date you obtain a judgment, your judgment may be worth nothing.
Read articleSettlement and Structured Payment in Collections: When Taking Less Now Is Worth More Than Chasing a Judgment
A $150,000 judgment against a debtor who can pay produces a $150,000 recovery (plus interest, fees, and costs). A $150,000 judgment against a debtor who can't pay produces a piece of paper and years of enforcement costs.
Read articleCollecting on a Defaulted Promissory Note: What the Note Says, What the UCC Requires, and How Enforcement Differs from a Contract Suit
When a borrower signs a promissory note and stops paying, the creditor's enforcement rights depend on whether the note is a negotiable instrument under UCC Article 3 (Texas Business and Commerce Code Chapter 3) or an ordinary contract. If the note is negotiable, the creditor benefits from streamlined enforcement, a narrower set of available defenses, and the potential for holder in due course protection that insulates the creditor from most claims the borrower could raise against the original payee.
Read articleDefending Against a Collection Action: What to Do When Your Business Is the Debtor
Not every collection claim is valid. Creditors file suit on debts that have been paid, on amounts that include unauthorized charges, on contracts the debtor has defenses to, and sometimes on debts the creditor doesn't even own. A business that receives a demand letter or a collection lawsuit shouldn't assume the claim is correct and write a check.
Read articleRelated Work
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